AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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rYPE  GEN 

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PERSONAL APPEARANCE 

NAME OF COLINSEL AND OR ORGANIZATION 

GRADE 

AMN 
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AFSNISSAN 
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RECORD REVIEW 

1  ADDRESS AND OR ORGANIZATION OF COUNSEL 

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MEMBER SITTING 

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VOTE OF THE BOARD 

GEN 

UOTHC 

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DENY 

ISSUES 

A94.05 

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INDEX NUMBER 

A67.10 

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EXHIBITS SUBMITTED TO THE B O m  

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1  1 
1  2 

1  ORDER APPOINTING THE BOARD 
1  APPLICATION  FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

Case heard at Washington, D.C. via video-teleconference with Travis AFB, California. 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. 

Names and votes will be made available to the applicant at the applicant's request. 

+ CHANGE REASON AND AUTHORITY TO ENTRY LEVEL SEPARATION 
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SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW  BOARD 
1535 COMMAND DR, EE WING. 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00324 

GENERAL:  The  applicant appeals  for  upgrade  of discharge  to  honorable  and  to change  the  reason  and 
authority for the discharge, and to change the reenlistment code. 

The applicant appeared and testified before the Discharge Review Board (DRB) at Andrews ,...._...._._.._._..~.~. 
teleconference with Travis AFB, California, without counsel, on 13 November 2006.  Mr. : ._._.._._.._._...._....m 
also testified on the applicant's  behalf. 

AFB via video- 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade  of  discharge  and  change  of  reason  and  authority  for  discharge  and  change  of 
reenlistment code are denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify a change of discharge. 

ISSUE: 

Applicant contends discharge was inequitable because it was too harsh and that other members committed 
more significant misconduct but were retained by the Air Force.  The records indicated the applicant 
received three Letters of Reprimand and a Letter of Counseling for misconduct as well as 5 AETC Forms 
173 for his academic problems.  He also received additional study opportunities.  The DRB opined that 
through these administrative actions, the applicant had ample opportunities to change his negative behavior 
and improve his academic performance.  The Board concluded his cumulative misconduct was a significant 
departure from the conduct expected of all military members.  The DRB was sympathetic to his perception 
that others had engaged in more significant misconduct but were allowed to remain in the Air Force, but 
could not grant an upgrade to the respondent's discharge.  Each case must be considered on its own merits 
and the facts of the other individuals'  cases were not before the Council.  The characterization of the 
discharge received by the applicant was found to be appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of  the  discharge  regulation  and  was  within  the  discretion  of the 
discharge authority and that the applicant was provided full administrative due process. 

In view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH AMN) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr Lackland AFB, TX on 24 Jun 05 
UP AFI 36-3208, para 5.49 and 5.26.1 (Misconduct -  Minor Disciplinary Infractions 
and Unsatisfactory Performance) .  Appeals for Honorable Discharge, and to Change 
the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

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-7 

a. DOB: 5 Feb 85.  Enlmt Age: 19 4/12.  Disch Age: 20 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-49,  E-61,  G-49,  M-50. PAFSC: 3POll -  Security Forces Helper. 
DAS: 10 Jan 05. 

b.  Prior Sv: (1) AFRes 1 Jul 04 -  21 Nov 04  (4 months 21 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 22 Nov 04 for 4 yrs. Svd: 00 Yrs 07 Mo 03 Das, all AMS. 

b.  Grade Status:  Amn -  22 May 05 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional. LOR, 

#LOR, 

LOR, 
AETC 

23 MAY 05 -  Using tobacco products. 
26 APR 05 -  Failed room inspection. 
20 APR 05 -  Reported to duty without shaving. 
173, 14 APR 05 -  Failed to pass written Test 4, 

Version A re-test. 

AETC 

173, 12 APR 05 -  Failed to pass written Test 4, 

LOC , 
AETC 

24 FEB 05 -  Possession of cigarettes. 
173, 23 FEB 05 -  Did not complete homework 

Version A. 

assignments. 

AETC 
AETC 

173, 23 FEB 05 -  Failed written Test 2, Version B. 
173, 16 FEB 05 -  Failed wriiten Test 1, Version A. 

f.  CM:  None. 

g.  Record of SV: None 

h.  Awards &  Decs:  GWOTSM, NDSM, AFTR. 

i.  Stmt of Sv:  TMS: (00) Yrs  (11) Mos  (23) Das 
TAMS: (00) Yrs  (07) Mos  (03) Das 

APPLICATION FOR  THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions on Pages 3 and 4 BEFORE completing this application.) 

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Form Approved 
OMB NO. 0704-0004 
Expires Aug 31, 2006 

I 

The  public reporting  burden for  this  collection of  information is estimated  to average 30 minutes per  response,  including the  time for  reviewing instructions,  searching existing data sources. 
gathering m d  maintaining the data needed, and completing and reviawing  the collection of  informalion.  Send comments regarding this  burden estimate  or  m y  other  aspect of  this  collection 
of  information,  including suggestions for reducing the burden, t o  the  Department of Detanse, Executive Services and Communications Diractorate  (0704-0004). Respondents should be aware 
that  notwithstanding any other  provision of law,  no person shall be  subject to any  penalty for  failing to comply  with  a collection  of  information if it does not  display a currently  valid  OM0 
control  number.  PLEASE DO  NOT RETURN  YOUR  FORM TO  THE  ABOVE ORGANIZATION.  RETURN COMPLETED  FORM  TO  THE  APPROPRIATE ADDRESS  ON 
BACK OF THlS PAGE. 
-  - .. . .  . . 

. . 

AUTHORITY:  1 0  U.S.C.  1553;  E.O.  9397. 
PRINCIPAL PURPOSE(S):  To apply for  a change in the characterization or reason for  military discharge  issued to an individual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary;  however,  failure  to provide identifying information may impede processing of this application.  The request for 
Social Security  Number is strictly to assure Droper identification of  the individual and appropriate records. 

I 1.  APPLICANT DATA  (The oerson whose discharoe is to be reviewed).  PLEASE PRINT OR  TYPE INFORMATION. 

.  . 

PRIVACY ACT STATEMENT 

I MARINE CORPS 

1  NAVY 

c.  GRADEIRANK AT DISCHARGE 

E2 / Airman 

. .   . 
I 1(  I AIR  FORCE 

HONORABLE 
GENERALIUNDER HONORABLE CONDITIONS 

K 

UNDER OTHER THAN HONORABLE CONDITIONS 

BAD CONDUCT I S ~ e c i a l  courf-martial  onlvl 
UNCHARACTERIZED 
OTHER (Explain1 

I COAST GUARD 

d.  SOCIAL KlJR!TJ-P4e?ER- 

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5.  BOARD ACTION REQUESTED lXonel 
% 

CHANGE TO HONORABLE 
CHANGE TO  GENERAUUNDER 
HONORABLE  CONDITIONS 
CHANGE TO UNCHARACTERIZED 
/Nor ao~licable for Air Force) 
. 
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

,, 

2.  DATE OF DISCHARGE OR  SEPARATION 

4.  DISCHARGE CHARACTERIZATION RECEIVED (X one) 

I ARMY 
a.  BRANCH OF SERVICE (X one) 
$- NAfbjE-ILhpf, Firsf,-&q~Ig, 
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( 
Initial) 

(YYYYMMDDI  (If date is more than  15 years 
ago,  submit a DO Form  1491 
20050624 

3.  UNIT AND LOCATION AT DISCHARGE 

OR  SEPARATION 

343 Training Squadron 
T  arkland  AFR  TX 
6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in ltem 14.  See instructions on 
~ c a & m i c  deficiencies (hard time keeping up in technical training) led to difficulties keeping up in other areas.  Please see attached 
letter to O f f i c e  o f  Congressman Dan Lundgren. 

Pa  e 3 1  

7.  (X if applicable)  AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDDI 

AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL  ISSUES,  JUSTIFICATION,  OR  EVIDENCE. 

8.  IN SUPPORT OF THlS APPLICATION,  THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continuein Item 17. 

If military documents or medical records are relevant to your case,  please send copies.) 

#. 

9.  TYPE OF REVIEW REQUESTED (X one) 
w  I CONDUCT A  RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL  DOCUMENTATION 

SUBMITTED BY ME.  I AND/OR (counsel/representativeJ WILL NOT APPEAR  BEFORE THE BOARD. 
I AND/OR  Icounsel/representafivel WlSH TO APPEAR AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE  BOARD IN THE 
WASHINGTON,  D.C.  METROPOLITAN AREA. 
I AND/OR Icounsel/representative) WlSH TO APPEAR AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO 
(NOTE:  The Navy Discharge Review Board does not have a traveling panel.) 
(enter city and state) 

10.a.  COUNSELIREPRESENTATIVE (If any) NAME (Last,  First,  Middle Initial) AND ADDRESS  I b.  TELEPHONE NUMBER (Include Area  Code) 

(See ltem 10 of  the instructions about counsel/representarive.l 

c.  E-MAIL 

d.  FAX NUMBER (Include  Area Code) 

11.  APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  If the  record in question is that of  a deceased or incompetent person,  LEGAL PROOF OF 

DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application is signed by other than the  applicant,  indicate 
the name (print) 
SPOUSE 

and relationship by marking a box below. 
LEGAL REPRESENTATIVE 

NEXT OF KIN 

WIDOWER 

WIDOW 

I 

12.a.  CURRENT MAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 

(Forward notification o f  any change in address.) 

b.  TELEPHONE NUYQER fb:!<&&e? 
I:pdel 
c.  E-M*,L  ,------------------- 
------------------- 

L....-.-....-.-.: 

d.  FAX NUMBER (Include  Area Code) 

13.  CERTIFICATION.  I make the foregoing statements,  as part of  my claim,  with full knowledge of the 
penalties involved for willfully  making a false statement  or claim.  (U.S. Code,  Tirle  18, Sections 287 
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years, 
or both.) 

a.  SIGNATURE -  REQUIRED (Agplicant  or person in Item 11 above) 

-.-----------------. b.  DATE SIGNED - REQUIRED 
20050805 

(YYYYMMDDI 

I 

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CASE NUMBER 

(Do not write i n  this space.) 

~g  200 5- 0032 

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DD F 0 R m 9 3 ,   MAR 2004' 

PREVIOUS EDITIONS ARE  OBSOLETE. 

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